Practice and Procedure

R v T (2008)

PUBLISHED April 16, 2008

[2008] EWCA Crim 815

The concept of doli incapax as a defence was not separate from the rebuttable presumption, which was abolished by the Crime and Disorder Act 1998 s.34 . Accordingly, it was not possible for a child over 10 years of age to raise the issue of his capacity to know that criminal acts were wrong.

CA (Crim Div) (Latham LJ (VP CA Crim), Forbes J, Sir Richard Curtis)